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IPR Enforcement: Lithium-Ion Batteries, Beverage Brewing Capsules, Backpack Chairs

Monday, June 12, 2017
Sandler, Travis & Rosenberg Trade Report

Lithium-Ion Batteries. In patent infringement investigation 337-TA-951 of lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same, the International Trade Commission has rescinded a limited exclusion order prohibiting the importation of infringing goods based on a settlement between complainants BASF Corporation and UChicago Argonne LLC and the respondents, which are located in Belgium and the U.S.

Beverage Brewing Capsules. In patent infringement investigation 337-TA-929 of beverage brewing capsules, components thereof, and products containing the same, the ITC has denied a petition from the respondent requesting the rescission of a limited exclusion order prohibiting the respondent from importing infringing goods and a cease and desist order against the respondent prohibiting the sale and distribution of infringing goods within the U.S.

Backpack Chairs. The ITC received June 8 on behalf of Rio Brands LLC a petition requesting that it institute a Section 337 investigation regarding backpack chairs. The proposed respondent is located in the U.S.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted.

The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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